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Honor Roll Teen Girl in Big Trouble for Nothing

Teen girl, honor student, cheerleader about to have her life ruined
This was copied in its entirety from another forum, the entire gun community needs to come together for this.

Sixteen-year-old Demarie DeReu is an honor roll student, a member of the Columbia Falls (Montana) High School Student Council and a varsity cheerleader. Although she has no intent to break any rules or laws, or harm anyone, Demarie is at risk of having her college education derailed and maybe even being identified forever as a domestic terrorist.

Why? Demarie went hunting over Thanksgiving with family and friends. She forgot that her unloaded hunting rifle was cased and locked in the trunk of her car. When she arrived at school, she parked in the school parking lot because to park anywhere else is an expulsion offense at CFHS. Upon hearing that the "contraband dog" was to be working the school parking lot, Demarie remembered her unloaded hunting rifle secured in the trunk of her car AND she voluntarily informed school
officials.

Next monday, December 13, at 6 PM, Demarie will face her expulsion hearing before the local school board. She will possibly have her life derailed because a bunch of school idiots insist that she must be subject to an irrational, "zero tolerance" policy about guns in schools that does not countenance lack of bad intent. The theory that people with malice will be intimidated into good conduct if people without malice are punished in lieu of them is idiocy at its finest.

At the upcoming hearing, education officials will tell school board members that they have no choice - that state law and good gamesmanship require the school board to levy harsh and record-destroying punishment against Demarie. They will be wrong!

The controlling Montana law about this is 20-5-202, M.C.A. <>http://data.opi.mt.gov/bills/mca/20/5/20… , which says about expulsion for bringing guns "to school," "... the trustees may authorize the school administration to modify the requirement for expulsion of a student on a case-by-case basis." Further, "to school" is not defined in 20-5-2-202, but is at 45-8-361, M.C.A. <>http://data.opi.mt.gov/bills/mca/45/8/45… as "... in a school building." Demarie's hunting rifle was cased and locked in the trunk of her car in the parking lot, but not "in a school building."

What can you do about this outrage?

Forward this message to every gun owner you know, in Flathead County, in Montana, or elsewhere.

Send messages to school officials and school board members. Use your own words and be
polite. Remember, they think they wear white hats, even if you don't think so. It IS okay to say you feel very strongly about this, but no profanity and no name-calling, please.

Copy to the local newspaper. The local daily newspaper would very much like to receive a copy of whatever you send to these folks. Please copy the Kalispell Daily Interlake at:
editor@ <mailto:editor@dailyinterlake.com> dailyinterlake.com <mailto:editor@dailyinterlake.com>

In addition to whatever else you recommend to administration and school board members, I suggest you include the following:

1) Demarie DeReu should be given no more than a verbal warning that she should not in the future pack her hunting rifle to school (I think she's learned that by now);

2) Demarie DeReu should be given an award for being honest and volunteering to school officials about the unloaded and cased hunting rifle locked in the trunk of her car;

3) Demarie DeReu should be held out as an example to other students for her participation in essential wildlife management in Montana; and

4) That when the Legislature considers education funding in the upcoming legislative session, legislators will consider the outcome of this case as an example of
how schools are using taxpayer resources in Montana.

Teen girl, honor student, cheerleader about to have her life ruined
This was copied in its entirety from another forum, the entire gun community needs to come together for this.

Sixteen-year-old Demarie DeReu is an honor roll student, a member of the Columbia Falls (Montana) High School Student Council and a varsity cheerleader. Although she has no intent to break any rules or laws, or harm anyone, Demarie is at risk of having her college education derailed and maybe even being identified forever as a domestic terrorist.

Why? Demarie went hunting over Thanksgiving with family and friends. She forgot that her unloaded hunting rifle was cased and locked in the trunk of her car. When she arrived at school, she parked in the school parking lot because to park anywhere else is an expulsion offense at CFHS. Upon hearing that the "contraband dog" was to be working the school parking lot, Demarie remembered her unloaded hunting rifle secured in the trunk of her car AND she voluntarily informed school
officials.

Next monday, December 13, at 6 PM, Demarie will face her expulsion hearing before the local school board. She will possibly have her life derailed because a bunch of school idiots insist that she must be subject to an irrational, "zero tolerance" policy about guns in schools that does not countenance lack of bad intent. The theory that people with malice will be intimidated into good conduct if people without malice are punished in lieu of them is idiocy at its finest.

At the upcoming hearing, education officials will tell school board members that they have no choice - that state law and good gamesmanship require the school board to levy harsh and record-destroying punishment against Demarie. They will be wrong!

The controlling Montana law about this is 20-5-202, M.C.A. <>http://data.opi.mt.gov/bills/mca/20/5/20… , which says about expulsion for bringing guns "to school," "... the trustees may authorize the school administration to modify the requirement for expulsion of a student on a case-by-case basis." Further, "to school" is not defined in 20-5-2-202, but is at 45-8-361, M.C.A. <>http://data.opi.mt.gov/bills/mca/45/8/45… as "... in a school building." Demarie's hunting rifle was cased and locked in the trunk of her car in the parking lot, but not "in a school building."

What can you do about this outrage?

Forward this message to every gun owner you know, in Flathead County, in Montana, or elsewhere.

Send messages to school officials and school board members. Use your own words and be
polite. Remember, they think they wear white hats, even if you don't think so. It IS okay to say you feel very strongly about this, but no profanity and no name-calling, please.

Copy to the local newspaper. The local daily newspaper would very much like to receive a copy of whatever you send to these folks. Please copy the Kalispell Daily Interlake at:
editor@ <mailto:editor@dailyinterlake.com> dailyinterlake.com <mailto:editor@dailyinterlake.com>

In addition to whatever else you recommend to administration and school board members, I suggest you include the following:

1) Demarie DeReu should be given no more than a verbal warning that she should not in the future pack her hunting rifle to school (I think she's learned that by now);

2) Demarie DeReu should be given an award for being honest and volunteering to school officials about the unloaded and cased hunting rifle locked in the trunk of her car;

3) Demarie DeReu should be held out as an example to other students for her participation in essential wildlife management in Montana; and

4) That when the Legislature considers education funding in the upcoming legislative session, legislators will consider the outcome of this case as an example of
how schools are using taxpayer resources in Montana.

I do not understand why everyone gets upset when some kid breaks the rules...
If i did that at my high school I would have been in trouble as well and expelled.
the fact of the matter is I was responsible and always removed my guns from my truck. This child should not get special treatment because she is to dumb to figure that one out.
Do i believe that she was a threat?
No.
Do I believe that accidents happen?
Yes
Did she break a rule
YES.

Here is every modern high school:The rules are stupid.
But they are there.
you break the rules, you get punished, end of story.
Who cares if you are a cheerleader or a **** you still broke the ******* rules.

I do not understand why everyone gets upset when some kid breaks the rules...
If i did that at my high school I would have been in trouble as well and expelled.
the fact of the matter is I was responsible and always removed my guns from my truck. This child should not get special treatment because she is to dumb to figure that one out.
Do i believe that she was a threat?
No.
Do I believe that accidents happen?
Yes
Did she break a rule
YES.

Here is every modern high school:The rules are stupid.
But they are there.
you break the rules, you get punished, end of story.
Who cares if you are a cheerleader or a **** you still broke the ******* rules.

This girls future will be a reminder to her to think next time.

Quite the proponent of freedom I see.

Someone who can't be trusted to walk free in public with a firearm shouldn't be walking around free.

we can thank the naacp and minority rights groups for these policies. they always claimed the minority students were punished harsher for committing the same offense so now we have predetermined punishments that apply to everyone equally with no regard to intent. it's disgusting

This isnt about a girl who broke a rule, and rallying to get her off. (although we should try)
Its about raising awareness about the rules that should be removed and prevented. As well as bringing to the surface some common sense in seeing that the schools, (being another office of gubment, then denying it, then acting like one with the force and authority of government), Are teaching the history of the US, and requiring the students to study and pass tests which contain our founding documents, or at least the parts that have not been censored; that same school/government system, has been at the forefront of the anti-gun agenda, knowing and functioning with intent, to use its position and power to change the direction of the country by un-educating the student body that it has been entrusted with, by force, if necessary.

It sucks, but i bet she will be expelled. Zero tolerance = Zero Common sense.

She is far more guilty than the others who have been expelled/suspended. ie: the kid with the plastic green army men who were "armed with toy guns" or the eagle scout who had a swiss army knife in his survival kit in the trunk of his car.

Did she violate state law as well? She may end up with a record.

This is wrong, but i don't see how to change it. Part of being a responsible gun owner is to make certain to follow the rules/laws concerning where you may and may not possess a firearm.

Quis custodiet ipsos custodes? (who will watch the watchmen?)

I am not a lawyer. Nothing in any of posts should be construed as legal advice.

She felt that she was doing the right thing by bringing the gun to the attention of school authorities but ended up making a big mistake.

If a dog actually did sniff out the firearm locked in a case inside her trunk and there was no probable cause to do the search of her private property in the first place, I wonder if she would have at least had a chance of getting it all thrown out as far as any charges are concerned.

She felt that she was doing the right thing by bringing the gun to the attention of school authorities but ended up making a big mistake.

If a dog actually did sniff out the firearm locked in a case inside her trunk and there was no probable cause to do the search of her private property in the first place, I wonder if she would have at least had a chance of getting it all thrown out as far as any charges are concerned.

My first thought also... remember, don't talk to the police (in this case, agents acting for the police).

Giving up our liberties for safety is the one sure way to let the violent among us win.

"Though defensive violence will always be a 'sad necessity' in the eyes of men of principle, it would be still more unfortunate if wrongdoers should dominate just men." -Saint Augustine

Disclaimer – I am not a lawyer! Please do not consider anything you read from me to be legal advice.

I'd imagine LEO's walking around a school parking lot with bomb/drug sniffing dogs would be considered fine. So if a dog goes on alert, that in itself would give RAS to search the vehicle. Any thoughts on that?

On a seperate note, school officials have the legal authority to call in ANY vehicle parked within 1000 feet of school property for a LEIN check. I found that little nugget yesterday while researching a separate issue. Page 3 no. 12

I'd imagine LEO's walking around a school parking lot with bomb/drug sniffing dogs would be considered fine. So if a dog goes on alert, that in itself would give RAS to search the vehicle. Any thoughts on that?

On a seperate note, school officials have the legal authority to call in ANY vehicle parked within 1000 feet of school property for a LEIN check. I found that little nugget yesterday while researching a separate issue. Page 3 no. 12

I doubt the dog would have got a hit on the car. If they brought a dog in looking for contraband, that would be drugs. A drug dog doesn't hit on explosives, only a bomb dog would. I think the biggest mistake she made was being honest and opening her mouth.

Good find Scot, though it does raise a couple of questions.
So is there any RAS or PC requirement needed to call for a lein?
I don't see any in the MCL. If none is required, then that means anyone living within the 1000 foot rule of a school loses their 4th A rights just for living there?

Good find Scot, though it does raise a couple of questions.
So is there any RAS or PC requirement needed to call for a lein?
I don't see any in the MCL. If none is required, then that means anyone living within the 1000 foot rule of a school loses their 4th A rights just for living there?

I might be mistaken but I thought that since your plate was in public view that any cop could run that plate? I think there is an additional requirement (RAS/PC) for them to run a person.
I see them running plates at red lights, in parking lots, and while driving down the road all the time.

I might be mistaken but I thought that since your plate was in public view that any cop could run that plate? I think there is an additional requirement (RAS/PC) for them to run a person.
I see them running plates at red lights, in parking lots, and while driving down the road all the time.

Running plates is different than bringing a dog to search someone's private property. I don't know the special rules that might apply on school property or a certain zone around a school but I would think that a dog sniffing a car isn't much different than using FLIR on someone's residence without first having a search warrant which has been ruled as unconstitutional and a violation of the 4th amendment in Kyllo v. United States.

In my school district, I know they bring in dogs to do random searches of the lockers but they aren't allowed to use them to check the students persons. I also know that the principle will tell them which cars in the parking lot should be checked. They select cars from kids they think may have a better chance of having contraband in them and don't check all the student's cars.

While doing road construction, if I think a car is in the way, I can call the cops and they run the plate to see if the address of the owner is nearby so I can knock on the door and tell them to move it.

I can go to the SOS in Lansing and pay them $8.00 and get the owners info of the car I ask about. If you give them the plate number or VIN number and $8.00 they give you a print out of the owner info.

So unless the school has access to the LEIN system, I don't see the need to worry because anybody can find out whose car it is, if they have they desire to do so.

I can go to the SOS in Lansing and pay them $8.00 and get the owners info of the car I ask about. If you give them the plate number or VIN number and $8.00 they give you a print out of the owner info.

This is seriously a bad idea. Hypothetically, you use your gun in a defensive shoot, your gun is held as evidence, and you show up to court. The other party happens to be a gangbanger, his brother wants you dead. So they can get your info from your plate in the court parking lot from the SOS? This could end badly.

This is seriously a bad idea. Hypothetically, you use your gun in a defensive shoot, your gun is held as evidence, and you show up to court. The other party happens to be a gangbanger, his brother wants you dead. So they can get your info from your plate in the court parking lot from the SOS? This could end badly.

I do not understand why everyone gets upset when some kid breaks the rules...
If i did that at my high school I would have been in trouble as well and expelled.
the fact of the matter is I was responsible and always removed my guns from my truck. This child should not get special treatment because she is to dumb to figure that one out.
Do i believe that she was a threat?
No.
Do I believe that accidents happen?
Yes
Did she break a rule
YES.

Here is every modern high school:The rules are stupid.
But they are there.
you break the rules, you get punished, end of story.
Who cares if you are a cheerleader or a **** you still broke the ******* rules.

This girls future will be a reminder to her to think next time.

how would you feel if this was your child, not so cut throat i bet...

Originally Posted by MarineSgt

Quite the proponent of freedom I see.

well no, but the facts are she did break the rules, now do i believe she needs to be hammered to the wall, expelled from school and made "example of" no, absolutely not. they have the option to recognise this as an isolated incident, see the prior excellent behaviour and character of this girl. realize that she wasn't about to go on a crime spree and in revealing herself, was in fact doing the RIGHT thing. yes the right thing, she admitted her possession of a rifle on school property, on a belief that admitting to her mistake would be better than being caught. rightly so, however her persecution after the fact is wrong.

yes she broke the rule, no she shouldn't be hung out to dry because of it.

if she is exspelled, which is likely it probably won't be the end of her future, but it won't help either. treating her like a common street thug won't help either, she isn't. there is no easy answer, but what she is facing isn't it. and being so critical of a high school kid is sad in its own right. she was doing a legal activity and simply forgot her rifle in her car.

should she have have just kept her mouth shut and not said anything, maybe then we wouldn't be having this talk would we.

but the fact is yes she did the right thing. unfortunately doing the right thing isn't always the easiest thing to live with.

i applaud her decision, and hope if something similar were to happen to my daughter she wouldn't do the easy thing, but the right thing.

But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security. Declaration of Independence July 4, 1776

She is learning a lot about how the world works, the school, as opposed to what they teach, the government, as opposed to the rights (and kids) that they are supposed to protect, the media, as they are, lawyers, prosecutors, courts, and likely she will learn who her freinds really are. Things like this could turn this girl into a very very powerful gun rights activist as well.

I do not understand why everyone gets upset when some kid breaks the rules...
If i did that at my high school I would have been in trouble as well and expelled.
the fact of the matter is I was responsible and always removed my guns from my truck. This child should not get special treatment because she is to dumb to figure that one out.
Do i believe that she was a threat?
No.
Do I believe that accidents happen?
Yes
Did she break a rule
YES.

Here is every modern high school:The rules are stupid.
But they are there.
you break the rules, you get punished, end of story.
Who cares if you are a cheerleader or a **** you still broke the ******* rules.